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HomeMy WebLinkAbout06-0358 I v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. OL-. - =?SP Ctc);L /~ PATRICKH. FRYE, Plaintiff OLENA MUNTY AN FRYE, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 ,~([ ~-\ John J, COnJ\elly, Jr., Esquire ~ ~tto~ for Plaintiff , PATRICK H. FRYE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 6(.. - 3s? OLENA MUNTY AN FRYE, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas ofCurnberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. (,)l... -:15F C;u.L~a~ PATRICK H. FRYE, PlaintitI OLENA MUNTY AN FRYE, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Patrick H. Frye, social security no. 054-56-9688, who currently resides at 822 Lisburn Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Olena Muntyan Frye, social security no. 176-82-7064, who currently resides at Prospect A.K., Glushko 20, KV. 17, Odessa, Ukraine 65104. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing ofthis Complaint. 4. Plaintiff and Defendant were married on August 2, 2004, in Williamsburg, Virginia. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parties to this action have been separated since January 2, 2005. 9. The Plaintiffhas been advised of the availability of counseling and that the PlaintitI may have the right to request that the Court require the parties to participate in counseling. . 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that he is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render his condition intolerable and life burdensome. ] 2. This action is not collusive. WHEREFORE, the Plaintiff requests the Court to enter a Decree in Divorce dissolving the marriage between the Plaintiff and Defendant. Respectfully submitted, JAMES, SMITH, D1ETTERICK & CONNELLY, LLP Dated: I~ /1-0 W By: ~~,./ Attorneys for Plaintiff Patrick H. Frye . VERIFICA nON I, Patrick H. Frye, veritY that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 7 Date: i -I i'/ - 0 b ?'" -'------. Patrick H. Frye \ -4Q. G ~ - ...() C> r-.-_"l n - -'01. l.rt ....\ - lI'\ c-- ., -:t C> ' . r _. .~ I>-> ~ -0 -'.~ \) (.;; .t. ...c::. ~ In. -1: (.:.. , ,) r'," //----- PATRICK H. FRYE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 06-358 OLENA MUNTY AN FRYE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this idb... day of h h,...",/y I' ::z-;.Y/l4 v. K v rA X,'."./-! , , 2006, personally appeared before me, ('~j ')'4-t'>..... ..,.........~Gf /?.r/,.<o u.<lf1 who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was personally served on the Defendant, Olena Muntyan Frye, on () b / () ;2......,/ , 2006, I at :2- a.m<fi2at I!"s,pe k -J- fJj(. C J....s h ko 0( 0". /J /1 17 D d of JJ4 I 0 Kr"1'"/1 <- b,S"I" r ::I~ ~~~ c... - Sworn to and subscribed beforeme~:l day of .~ ; ,2006. ic , CarlIsle Boro, Cumberland County 1 My Cornrnis$on ~Plres ~ov. 12,2006 Membet. Penr.~," <lnla Assoc:a~0n ()f ,Jet.... ~ :-~,) -..J C,,) u) .. PATRICK H. FRYE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-358 OLENA MUNTY AN FRYE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section ( XX) 3301 (c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: by personal service on February 6, 2006 as evidenced by the Affidavit of Service filed on record on April 27, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: May 22, 2006; by Defendant: May 18, 2006. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None. .. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice ofIntention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: May 22, 2006; by Defendant: May 18, 2006. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Plaintiff's and Defendant's Waivers are being filed contemporaneously herewith. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: ~ d,A I ~OO Co ~ ~9 -0 L~~\ f'" ~, -7 ..;~-/ f,- ~Jl ::.<. fL_ :~~ l;_~" . ~ 'i?- ::r:. .~ ~ "'V<;,/ ./>). ::<. ~ Q, ~~ -0\.:3 ~"-J , {~~;(;\ ijC''-) :::::. rn U, ,......-, -~ ...:.0 ~ "" _v ~,,.. 6 .' 1'" .....l v. : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 06-358 PATRICKH. FRYE, Plaintiff OLENA MUNTYAN FRYE, Defendant : CIVIL ACTION - LAW : IN DIVORCE A li'FInA VIT OF CONSF,NT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 18,2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elap~d from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. W A TVF.R OF NOTTCE OF INTENTION TO RE(}ITF,ST F.NTRV OF A nIVORCE nECREE UNnER *"Ol{l:-) OF TIm nIVORCE COnE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsification to authorities. Date: fV141 ~ u. (" .:U J ~ Patrick H. Frye, Plaintiff (') v~ S2~-r' -.~. '" 4:_,1. (1:' -/ ~ -4, 6 {-'J PC: Z :::;:1 "" = = "" :::: """ -< N N ~ ~.." n'F '-0(9 i::.5J.:. _4",., :r::-ri ~~ .-1 5:i -< ". ~ C5 N _l PATRICKH. FRYE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 06-358 OLENA MUNTY AN FRYE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 18, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice ofIntention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Olena Mu Date: fY7 /.l 7 /r! :)oo~ -' q (- - "'~,,- -0;::,' \:0.;':':. ,(;- ..-'- ?J"''-'; (/ ',< (~_\"., ~~.\::;-::. 'Y'C. ~::) ,'- ~ '8- :> -:;~.. _. ~ -, ?:. 'S .' ~ q, ~-0 ~'l.f- \'-,--., -::.;'0 -~;?~ (~'! ~i::~~~; ~. c:- I.'" q, '~ .:4 ,+,:+':+:+:+::+::+:+:f.:+::+: +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +:+'++ +. +:of.:+::+; '+' +:+; '+' + '+':+::+: '+' +:+':+:+;+;;+; + +.:.: '+':+: +. '+' +:+: +. + +. +:+: +. + +.:+: +.:+: '+';+; +:+; '+' '+' '+' +. . :+: . +. + +. '+' +. +. +.. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. PATRICK H. FRYE, Plaintiff No. 06-358 VERSUS OLENA MUNTYAN FRYE, Defendant DECREE IN DIVORCE +. +. +. +. +. +. +. +. +. +. +. +. . +. +. . +. +. . +. +. +. +. +. . +. . +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. . +. +. +. +. +. +. .+++++++++++.++++.+.+++++++++.++++~ AND NOW, M<~l 2006. IT IS ORDERED AND 2...'1 DECREED THAT Patrick H. Frye . PLAINTIFF, +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +.+ +. +. +. +. + +. +. + '+' + +. '+' Olena Muntyan Frye , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTES BY THE COURT: PROTHONOTARY ++.+.+.++++++++++++++++++++++++++ +. J. ~;? -f? ~'.2>>V "?I-c:., .'0. Qf;.>' ~ fz<7# >>pnt/ 4.9 or? -7r.?' ~y . . . , .